Category Archives: Commercial Litigation
All About Not for Profit and Nonprofit Organizations
If you ask people on the street what a nonprofit organization is, there’s a good chance you’ll get a different answer from every person that you ask. If you’re considering starting a business as a nonprofit, or you already own, run or manage a nonprofit, there are some things about no for profit companies… Read More »
Construction Litigation: Miami Company Faces Lawsuit Over Alleged “Shoddy” Work
According to a report from The Real Deal, the Lennar Corporation—a Miami-based home construction company—is facing a lawsuit from a group of homeowners in Homestead. The homeowners’ association alleges that the company’s workmanship was shoddy. Further, the association also contends that the construction company failed to repair and resolve the construction defect after being… Read More »
Liquidated Damages Can Help if You Can’t Determine Actual Damages
When you draw up a contract, one of the things that you will think about is what your damages would be, when or if the contract is violated. There is an assumption that if the contract is breached, you will have tangible evidence of what you lost and that a court will award you… Read More »
Florida is an At Will Employment State-But Wrongful Termination Still Exists
If you are an employer or an employee in Florida, you are probably familiar with the term of employment at will. But what does this term actually mean? And does the fact that Florida is an at will employment state mean that an employee can never sue an employer for being fired? At Will… Read More »
Things You Didn’t Know About Shareholders
When you have a business that has shareholders, you probably don’t give much thought to the different ways that you can structure the rights or powers of your shareholders. You also may not give much thought as to the risks that shareholders can pose. Here are some little known things about corporate shareholders, that… Read More »
The Good Guy Guaranty: Should You Use One in Your Commercial Lease?
If you are a landlord or a tenant in a commercial lease, you may want to consider something that’s becoming more popular in the South, and which is a little more common with leases in the North: The Good Guy Guaranty. This kind of guaranty can be a win-win for landlord and tenant, if… Read More »
Can You be Sued Individually for Something Your Business Does?
Many people know that when you have a corporation, you are shielded from personal liability for anything the company does. In plain terms, and as a generalization, this means that if the company wrongs someone, whether by injuring them, breaching a contractual agreement, or failing to pay a bill, only the assets of the… Read More »
Insurance Coverage for Business Property Damage in Florida
Your home is not the only property that can be damaged by hurricanes, flooding, and other natural disasters. Is there any insurance coverage for business property damage in Florida? Unfortunately, property damage insurance claims can be quite complicated if you are a business owner whose commercial property has been damaged due to an act… Read More »
Will Insurance Cover Protest-Related Damages to Your Florida Business?
The killing of a black man by a police officer in Minneapolis, Minnesota, triggered nationwide protests against racial injustice and police brutality. Unfortunately, protests entailed property damage to businesses, which had not still recovered from the COVID-19 pandemic that shuttered them for two months. In view of this, many business owners whose businesses are… Read More »
How COVID-19 Can Change Directors and Officers (D&O) Liability Insurance
As the COVID-19 pandemic affected many aspects of running a business and created new litigation risks for business owners, certain policy provisions of directors and officers (D&O) liability coverage may change in the wake of the coronavirus crisis. What is Directors and Officers (D&O) Liability? Directors and officers liability, which is often referred to… Read More »
Can I Get Out of a Business Contract Because of the Coronavirus?
The Coronavirus (COVID-19) pandemic is an unprecedented public health crisis. The Florida Department of Health has confirmed nearly 30,000 cases in the state as of April 23rd—with many more likely to emerge in the coming weeks. To control the spread of the disease, much of the economy is temporarily shut down or restricted. Many… Read More »
Is Your Florida Business Covered by Insurance During the Coronavirus Pandemic?
In addition to its ever-increasing death toll, the coronavirus disease (COVID-19) is causing unmeasurable losses to businesses in the United States. As most non-essential businesses closed across the country, and financial experts continue to warn of long-term economic consequences, many businesses begin to review their insurance policies. Government-ordered business closures caused the loss of… Read More »
What to Do if the Coronavirus Pandemic Impacted Your Business? A Guide for Affected Companies
As the U.S. economy shuts down amid the spread of the coronavirus (COVID-19), many American businesses are on the verge of collapsing. Although the U.S. government is trying to curb the economic impact of the pandemic by releasing a massive economic stimulus bill and through other measures, many businesses may not survive the pandemic…. Read More »
Can Your Business File a Lawsuit Over Lost Profits and Disruptions Caused by Coronavirus (COVID-19)?
President Donald Trump declared a national emergency over the coronavirus outbreak, as the deadly virus continues causing extensive damage to the U.S. economy. The rapidly spreading virus (COVID-19), which was declared a pandemic by the World Health Organization, has disrupted supply chains, shut down businesses, sent financial markets sliding, and forced quarantines. Global and… Read More »
Florida Appeals Court Overturns Lower Court Ruling in Construction Lien Case
On January 22nd, 2020, the Fourth District Court of Appeals for the State of Florida overturned a lower court’s ruling for summary judgment in a construction defect lawsuit. In Prime Investors & Developers, LLC and Homestead Holdings II, LLC v. The Meridian Companies, Inc., the appeals court assessed that there are still genuine material… Read More »
3 Types of Defenses to a Foreclosure Lawsuit in Florida
Floridian homeowners can use three different types of foreclosure defenses when facing commercial litigation. For residential foreclosures, these defenses can be categorized into three arguments: The validity of the mortgage Whether there has been a “default” Whether there was a legal right to accelerate the debt Let’s review each of these foreclosure defenses under… Read More »
Florida Supreme Court Will Hear Complex $385 Million Breach of Contract Dispute Over the State Government’s Failure to Match Private Donations to the University System
As reported by News 4 Jacksonville, a complex legal dispute regarding whether or not the Florida legislature must match private financial donations to the state’s university system is set to go before the Florida Supreme Court. The breach of contract dispute centers around allegations that Florida lawmakers failed to properly match nearly $385 million… Read More »
Appeals Court: Distressed Property Buyer Can Seek Declaratory Judgement of “No Liability” for Unpaid Assessments
On January 3rd, 2019, the Fifth District Court of Appeal for the State of Florida ruled that a distressed property buyer has the right to seek a declaratory judgement stating that it has “no liability” for unpaid HOA assessments—even though it no longer owns the property in question. In the case of Real Estate… Read More »
Florida Construction Law: What is an Implied Warranty?
In Florida, certain contract terms may be enforceable even if they were never explicitly mentioned in an oral agreement or written agreement. An implied warranty is a presumption that a product or service is “fit”—meaning it conforms to the reasonable expectations of an ordinary buyer. If it does, the aggrieved party may be able… Read More »
The State of Florida is Suing Planet Hollywood for Breach of Contract
According to reporting from the Tampa Bay Times, Florida is suing Planet Hollywood for an alleged breach of contract. Florida officials contend that the company failed to live up to the obligations under an agreement through which it received money from a state-operated economic development and jobs creation program. Here, our West Palm Beach… Read More »
